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Estate of Gurmit Singh, Paramjit v. City of Gilroy

May 31, 2012

ESTATE OF GURMIT SINGH, PARAMJIT
KAUR, S.K., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, PARAMJIT KAUR, AND A. S., A 18 MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, PARAMJIT KAUR,
PLAINTIFFS,
v.
CITY OF GILROY, OFFICER RODRIGUEZ, INDIVIDUALLY AND IN HIS CAPACITY AS A POLICE OFFICER FOR THE CITY OF GILROY, AND DOES 1 THROUGH 50,



The opinion of the court was delivered by: Hon. Edward Davila United States District Judge

AMENDED (PROPOSED) ORDER APPROVING PETITION TO COMPROMISE CLAIM OF MINORS

Plaintiff PARAMJIT KAUR's Petition to Compromise Claim of Minors came before the Honorable Edward Davila, presiding.

1. Petitioner is the mother and regularly appointed Guardian ad Litem of Plaintiffs, S.K. and A.S., both minors, in this action. 3

2. Plaintiff S.K. is a nine-year-old, born */*/****..

3. Plaintiff A.S. is an eight-year-old, born */*/****.

4. Plaintiffs, S.K. and A.S., have a claim for damages arising out of the shooting death of their father, Gurmit Singh, on February 8, 2008, by members of the Gilroy Police Department. 8

5. This matter was tried before a jury in the above-entitled court, and a verdict was rendered in favor of the plaintiffs against defendant Rodriguez and the City of Gilroy in the amount 10 of $1,275,000. A copy of the verdict form is attached as Exhibit A to this petition. The jury also 11 found that plaintiffs' decedent, Gurmit Singh, was 50% responsible for his death as to plaintiffs' 12 13 negligence cause of action.

6. Subsequent to the jury's verdict, and prior to the defendants filing a post-trial motion to reduce the verdict by 50% due to plaintiffs' decedent's comparative fault, the parties 16 held a mediation with Charles Hawkins on May 1, 2012. During the course of the mediation, the 17 parties agreed to resolve not only plaintiffs' claim for damages, but plaintiffs' attorneys' claim for 18 attorneys' fees and costs. 19 20

7. Plaintiff has represented that Defendants have offered to pay one million dollars to the minor plaintiffs and their mother in consideration of a dismissal with prejudice and a full release in this matter. If the settlement is approved by this Court, the money will be allocated as 23 follows: 24 (a) $900,000 to plaintiff Paramjit Kaur.

(b) $100,000 to Plaintiffs S.K. and A.S. to be divided equally and to be placed into 26 an annuity, calling for periodic payments. A true and correct copy of a letter from Ringler 27 28 Associates summarizing the terms of the annuities is attached hereto.

will be used by plaintiff Paramjit Kaur to raise her children and, hopefully, to purchase a home. 3

8. According to agreement of the parties, the remaining $900,000 of the settlement

9. Petitioner engaged the law firm of Casper, Meadows, Schwartz & Cook and the Law Offices of Karen Snell to represent plaintiffs in this ...


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